The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-11-27

Judge James NJ. Greer for his client,
Mr.. George Mitchell, as a prominent tax
payer, filed an important bill in the
chancory court yesterday. II is against
the Taxing District officials, all combined,
and County Trustee Harris, and the ulti.
mate result Of the action will be to have
the chancellor pass upon the lawquesiions
involved in the prosecution OF these
officials. The bill sets forth the nature Of
the city's present organization, and follows
with sections OF the act OF incorporation
governing these officials. The section cited
refers. 10 the legislative, contracting and
financial POWERS Of the legislative coun-
ell; the prohibition OF issuing bonds, notes,
scrip or other evidences OF Indebtedness
10 contract for material or services in cN-
cess Of the amount Of tax levied for such
work, material or service for that year.
and lcyying Of subsequent taxes 20 meet
the deficit; the prohibition OF lcvying taxes
for any purpose by the officials their duty
to report the rate OF taxation TO the Gen
cml Assembly; gives the rate OF taxation
levied and the purposes for which appOr-
toned, and then gets down 10 the real
question: 'Thc diversion Of any portion OF
said taxes or Wharfage dues or other funds
from the purpose for which they were
levied by any OF the commissioners or by
the trustee shall be felony, for which tho
guilty party upon conviction, shall suffer
imprisonment In the penitcntiary at hard
labor Tor two years. A part OF Section .
h then given, rs follows
"said taxes shall be collected by the
county trustee, in lawful money Of the
United States. ~ other taxes are collected,
each fund by him 10 be kept separate. and
10 be- paid out by him Tor the purposes
specified, upon the joint warrants oi two Of
said commissioners. I'm no case shall thc
fund collected for one purpose bo used ior
any other, nor shall said commission.
om issue any warrants unless the money Is
In the hands ul the trustee at the time 20
redeem II, under penalty OF being person
ally reliable for the amount recoverable BY
the holdf Of the warrant"
Plaintiff then aycr that the levy for
1857 for use Of the board of health aud
garbage service has been exhausted, and
thcicg.slative council, conlcdemiing viii
County Trustee Harris, il about 10
appropriate 20 the U.S. OF this DEPARTMENT
the surplus receipts inu polio, court lines.
which rghtiully belong 10 the salary,
printing and expense account that ~ tD
say, ~ much Of these receipts o. are not
necessary 10 pay salaries and other spc.
cihc purposes get forth Ia The act, and also
the receipts from taxes for years an.
terror to 1887, that were levied and
specifically. appropriated by the I1gs.
lliurc TO other departments OF the muniri.
pal government for those years. are about
to be appropriated TO pay the expenses Tor
the remainder Of the current wear of said
board Of health and garbage department.
lie IL further informed ami believes that
similar illegal appropriations oi tho money
derived from these taxes, like those charged
In the bill, have been the rule rather tRan
the exception with the defendant ollirinle'
and complainant Is advised that tberp Il
no other restraining power In the
law except the Injunction pro-
cess oil that court which can pre-.